CAP. 6]
Where debtor fails to attend a meeting other than the first or to execute a deed.
Where debtor fails to obey special orders of court.
Where debtor has failed to deliver up property.
of Bankruptcy.
2. [That the said [debtor] bankrupt was on the day of 19 duly served with a notice, a copy of which is hereunto annexed, by leaving the same at his usual place of residence, requiring him to attend the said meeting], [or to execute the above-mentioned deed, etc.]
Or
[1. That the said (debtor) bankrupt has wilfully failed to perform the duty imposed upon him by section 26 of the Bankruptcy Ordinance (Chapter 6 of the Revised Edition) (here insert any act he has been required to do by any special order of the court, stating the day on which the order was made).]
2. [That the said (debtor) bankrupt was duly served with a copy of such order by leaving the same at his usual place of residence on the day of 19 .]
Or
[1. That the said (debtor) bankrupt has failed to deliver up possession of (here state the property he has failed to deliver up), which property is divisible amongst his creditors under the Bankruptcy Ordinance (Chapter 6 of the Revised Edition) and which said property was (or is) in his possession or control, he having been required by me to deliver up the said property by notice, a copy of which is hereunto annexed, and which notice was served upon him on the day of 19 .]
Sworn at, etc. 19
Official Receiver. [or Trustee.]
FORM 97.
[rule 29.]
AFFIDAVIT OF TRUSTEE UNDER SECTION 53 (5).
(Title.)
I, G.H., the trustee of the property of the said A.B., a bankrupt, make oath and say-
1. That I believe that L.M., of hath in his possession or power as [here set out the capacity in which the person stands to the bankrupt] certain moneys [and securities] belonging to the bankrupt, that is to say [here set out and describe the particular moneys and securities].
2. That on the day of 19 I did apply personally to the said L.M. to pay and deliver to me the said moneys and securities, and that he did not then pay or deliver, nor has he since paid or delivered, to me the same [or That I, on the day of 19 posted a letter to the said L.M., addressed to him at calling upon him to, etc., and that on the day of 19 I posted another letter, by which I again called upon him to, etc., and that he has failed to pay and deliver the same].
3. That I firmly believe that the said L.M. is not entitled by law to retain such moneys [and securities] as against the bankrupt or against me as the trustee of the property of the bankrupt.
Sworn at, etc.
Trustee.